Daly v. Wolaneck
New York Supreme Court
Motion to make the complaint more definite and certain by setting forth and numbering statement of alleged facts constituting alleged causes of action.
Read the full summary
Motion to make the complaint more definite and certain by setting forth and numbering statement of alleged facts constituting alleged causes of action. The complaint alleged: ■' “I. That on the 18th day of July, 1898, the defendant assaulted the plaintiff ” and “ gave him into the custody of a policeman and forced and compelled him to go to a police station, and then caused him to be imprisoned upon a false charge then made by the defendant that the plaintiff had been guilty of a misdemeanor, and caused him to be imprisoned, until he was afterward brought in custody before one of the city…
1Opinion of the CourtG-ieokebich, J.
It is true that the allegations of assault and false imprisonment may, under the authorities, be joined in the statement of one cause of action where the nature of the action is conceded, but where the plaintiff fails to disclose the theory of his action it is impossible to say which allegations are set forth in chief and which in aggravation; hence, to permit the pleading to stand would be to place the defendant in a state of hopeless uncertainty as to the issue to be met. The plaintiff’s brief is so equivocally drawn that no recital as to his position could be made in the order for the…
2Cases cited1 opinion
- Blake v. BarnesNew York Supreme Court · 1890
3Cited by1 opinion
- Ring v. MitchellNew York Supreme Court · 1904